Nathaniel Caleb Avery - Page 4

                                         -4-                                          
               On September 25, 2006, the Court called the case from the              
          calendar of cases set to be tried on the regular session of this            
          Court commencing on that date in San Francisco, California.                 
          Counsel for respondent and counsel for petitioner made their                
          respective appearances.  Upon the completion of the calendar                
          call, the parties were informed that they should be prepared to             
          try this case on September 26, 2006, at 9 a.m.  When the                    
          scheduled time for trial arrived, neither petitioner nor his                
          counsel was in the courtroom.  Respondent was represented by his            
          counsel.  The Court postponed the start of trial for 45 minutes             
          in expectation that either petitioner or his counsel would                  
          appear.  At 9:46 a.m., the Court recalled this case.                        
          Respondent’s counsel appeared for respondent.  Neither petitioner           
          nor his counsel made an appearance.  Respondent moved to dismiss            
          the case for lack of prosecution, stating in part that petitioner           
          had been uncooperative throughout the proceeding and had not                
          stipulated any of the facts of this case.  Respondent also                  
          informed the Court that respondent believed that he bore a burden           
          as to the issues in this case and introduced the following five             
          exhibits into evidence:                                                     
               (1)  Exhibit 1-R:  a document described as the payroll                 
          summaries of Efeckta for the semimonthly pay periods in 2002 from           
          January 1 through July 15 and other payroll related records for             
          2002 through August 30;                                                     






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